Fielding v. Silverstein
Supreme Court of Connecticut
Action upon a replevin bond, brought to the Court of Common Pleas for Hartford County and heard in damages to the court, Case, J.; facts found and judgment rendered ‘for the plaintiff for nominal damages only, and appeal by him for alleged errors in the rulings of the court.
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Action upon a replevin bond, brought to the Court of Common Pleas for Hartford County and heard in damages to the court, Case, J.; facts found and judgment rendered ‘for the plaintiff for nominal damages only, and appeal by him for alleged errors in the rulings of the court. The plaintiff in January, 1897, attached four cases of clothing, by virtue of a writ directing him to attach the goods of one B. Wilenski, in a suit in which A. S. Richardson & Brother were plaintiffs, and said Wilenski was defendant. While said four cases of clothing were in the possession of Fielding by authority of…
1Opinion of the CourtHameksley, J.
The trial court properly admitted evidence to prove, in mitigation of damages, that the title to the goods in question was, at the time of their attachment, in Lemenski, the plaintiff in the replevin suit.
The condition of a replevin bond is broken if the plaintiff fails to prosecute his suit to effect; this failure happens when, upon trial, he fails to prove his title; when his writ is abated; when he suffers a nonsuit; when he withdraws Ms suit; when he neglects to return Ms writ. In all these cases, unless the last, the court is authorized by statute to render a judgment de retorno and for…
2Cases cited3 opinions
- Persse v. WatrousSupreme Court of Connecticut · 1861
- Ormsbee v. DavisSupreme Court of Connecticut · 1844
- Jackson v. EmmonsSupreme Court of Connecticut · 1890
3Cited by5 opinions
- Meyers v. C. I. T. CorporationSupreme Court of Connecticut · 1945
- Macomber v. MoorSupreme Judicial Court of Maine · 1930
- Uhl v. MaioranoSupreme Court of Connecticut · 1921
- Rosen Film Delivery System, Inc. v. SaracenoSupreme Court of Connecticut · 1947
- Wilkins v. American Surety Co.Appellate Terms of the Supreme Court of New York · 1918